Prosecution Insights
Last updated: September 17, 2026
Application No. 18/888,317

Testing wireless networks using over-the-air signals for identifying and tracking clients

Non-Final OA §103
Filed
Sep 18, 2024
Priority
Dec 14, 2022 — provisional 63/432,409 +2 more
Examiner
ZAIDI, IQBAL
Art Unit
Tech Center
Assignee
Lutris Inc.
OA Round
1 (Non-Final)
90%
Grant Probability
Favorable
1-2
OA Rounds
3m
Est. Remaining
97%
With Interview

Examiner Intelligence

Grants 90% — above average
90%
Career Allowance Rate
1111 granted / 1229 resolved
+30.4% vs TC avg
Moderate +7% lift
Without
With
+6.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
30 currently pending
Career history
1257
Total Applications
across all art units

Statute-Specific Performance

§101
6.8%
-33.2% vs TC avg
§103
50.2%
+10.2% vs TC avg
§102
13.9%
-26.1% vs TC avg
§112
15.5%
-24.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1229 resolved cases

Office Action

§103
DETAILED ACTION The instant application having application No 18/888,317 filed on 09/18/2024 is presented for examination by the examiner. Claim Rejections - 35 USC § 103 The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action: (a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made. Claims 1-20 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Weng et al. (U.S 20120322453, Dec. 20, 2012) in view of AYADURAI et al. (US 20150334755, Nov. 19, 2015). Regarding Claim 1, Weng discloses decoding the eavesdropped data to detect data therein to identify user equipment (UE) of a plurality of UEs associated with the base station (page 7, par (0052), line 1-10, UEs reporting RRIs to the neighboring eNB, the RRIs eavesdropped and decoded at the serving eNB(UEs are associated with the base station)); and tracking the plurality of UEs of the base station in the wireless network based on the detected data in the eavesdropped data(page 7, par(0052), line 1-10, the serving eNB use those decoded RRis as constraints within the next T_RRI subframes when the serving eNB 620a allocate DL and UL resources for the in-cell UEs that are not reporting RRis(wherein tracking the UEs and allocating the resources based on the detected data in the eavesdropped data)). Weng discloses all aspects of the claimed invention, except receiving eavesdropped data from monitoring a base station in a wireless network. AYADURAI is the same field of invention teaches receiving eavesdropped data from monitoring a base station in a wireless network (page 2, par(0016), line 1-10, receiving an instruction from the cellular radio access network to eavesdrop the first uplink from the first user equipment; receiving transmissions on the first uplink; obtaining digital data from the received first uplink transmissions; and reporting to the cellular network, which reporting includes transmitting the obtained digital data). Weng and AYADURAI analogous art because they are from the same field of endeavor of access to a service device. It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the receiving eavesdropped data from monitoring a base station in a wireless network the teaching of Weng to include receiving transmissions on the first uplink; obtaining digital data from the received first uplink transmissions the teaching of AYADURAI because it is providing performed by a radio access network, for estimating a radio link quality of a direct link between a first user equipment and a second user equipment. Regarding Claim 2, Weng discloses the decoding includes a check that any detected data is valid to reduce false positives (page 9, par (0060-0061), line 1-10, UEs served by eNB based on decoding in comparison, UE send an UL RRI to eNB, UE send any RRI, a UE configured to transmit a periodic Sounding Reference Signal (SRS) to allow the serving eNB to estimate the UL transmission channel, then the UE can zero-force its SRS transmissions on the PRBs or reduce the SRS transmission power on those PRBs). Regarding Claim 3, Weng discloses the check utilizes signal strength of the eavesdropped data at a corresponding UE(page 7, par(0052), line 1-10, the RRis eavesdropped and decoded at the serving eNB, the serving eNB use those decoded RRis as constraints within the next T_RRI subframes when the serving eNB allocate DL and UL resources for the in-cell UEs). Regarding Claim 4, Weng discloses the detected data includes one or more Cell Radio Network Temporary Identifiers (C-RNTIs) (page 6, par (0043), line 1-10, new DCI addressed to a predefined Radio Network Temporary Identifier (RNTI) value taken from one of the reserved values in the range from FFF4 to FFFD). Regarding Claim 5, Weng discloses the decoding includes a check that any detected C-RNTIs are valid to reduce false positives(page 6, par(0043), line 1-10, new DCI addressed to a predefined Radio Network Temporary Identifier (RNTI) value taken from one of the reserved values in the range from FFF4 to FFFD, so that the DCI identified and differentiated from other PDCCH contents). Regarding Claim 6, Weng discloses the check includes comparing detected C-RNTIs to a list of known C-RNTIs) (page 6, par (0043), line 1-10, new DCI addressed to a predefined Radio Network Temporary Identifier (RNTI) value). Regarding Claim 7, Weng discloses the decoding includes reducing a search space across the eavesdropped data(page 7, par(0052), line 1-10, the RRis eavesdropped and decoded at the serving eNB, the serving eNB use those decoded RRIs as constraints within the next T_RRI subframes when the serving eNB allocate DL and UL resources for the in-cell UEs). Regarding Claim 8, Weng discloses the reducing the search space across the eavesdropped data includes constraining the decoding to only valid packet formats and lengths(page 6, par(0043), line 1-10, the UE in the event that it receive information from its serving cell, since the length of DCI formats already scheduled searched for via blind decoding by a UE). Regarding Claim 9, Weng discloses the reducing the search space across the eavesdropped data includes comparing detected Cell Radio Network Temporary Identifiers (C-RNTIs) to a list of known C-RNTIs (page 6, par (0043), line 1-10, new DCI addressed to a predefined Radio Network Temporary Identifier (RNTI) value taken from one of the reserved values). Regarding Claim 10, Weng discloses the reducing the search space across the eavesdropped data includes searching over a derived set of possible Cell Radio Network Temporary Identifiers (C-RNTIs) (page 6, par (0043), line 1-10, new DCI addressed to a predefined Radio Network Temporary Identifier (RNTI) value taken from one of the reserved values in the range from FFF4 to FFFD), and downlink control information (DCI) lengths and formats(page 6, par(0043), line 1-10, the UE in the event that it receive information from its serving cell, since the length of DCI formats). Regarding Claim 11, Weng discloses the tracking includes tracking connection and disconnection statistics for a given UE (page 4, par(0030), line 1-10, The eNB the end point of the radio protocols towards the UE and relay signals between the radio connection and the connectivity towards the EPC). Regarding Claim 12, Weng discloses the tracking includes tracking power of the plurality of UEs to determine a range or coverage of the base station(page 6, par(0043), line 1-10, new DCI addressed to a predefined Radio Network Temporary Identifier (RNTI) value taken from one of the reserved values in the range from FFF4 to FFFD, so that the DCI identified and differentiated from other PDCCH contents). Regarding Claim 13, Weng discloses the tracking includes monitoring Temporary Mobile Subscription Identifiers (TMSIs) over time with respect to each UE of the plurality of UEs (page 2, par (0017), line 1-10, a mobile electronic device receives from all intra-frequency base stations within signal transmission range, identify the frequency locations indicated and determined, based on its UL data transmission history). Regarding Claim 14, Weng discloses the tracking includes identifying traffic type or application for the plurality of UEs based on transmission properties in the eavesdropped data (page 4, par (0035), line 1-10, At the eNB side, the RRI from the UE intended to the serving eNB, the neighboring eNB eavesdrop on or otherwise receive the RRI). Regarding Claim 15, Weng discloses the monitoring is performed at multiple measurement locations by multiple test devices (page 2, par (0018), line 1-10, Base stations communicate with one or more mobile electronic devices wirelessly). Regarding Claim 16, Weng discloses the decoding include using timing offsets to correct for a location of each UE relative to a test device performing the monitoring(page 7, par (0051), line 1-10, Decoding multiple from eNBs possible even in the presence of potential carrier frequency offset between different eNBs and time of arrival (ToA) difference between DL signals and processing power limit at the UE). Regarding Claim 17, Weng discloses all aspects of the claimed invention, except the eavesdropped data is acquired in multiple captures across time or frequency, and the captures are combined to derive the data contained within. AYADURAI is the same field of invention teaches the eavesdropped data is acquired in multiple captures across time or frequency, and the captures are combined to derive the data contained within (page 2, par(0016), line 1-10, receiving an instruction from the cellular radio access network to eavesdrop the first uplink from the first user equipment; receiving transmissions on the first uplink; obtaining digital data from the received first uplink transmissions; and reporting to the cellular network, which reporting includes transmitting the obtained digital data). Regarding Claim 18, Weng discloses all aspects of the claimed invention, except the detected data includes one or more of Uplink Control Information (UCI), hybrid ARQ status, Channel state information reports (CSI), scheduling requests, or buffer status. AYADURAI is the same field of invention teaches the detected data includes one or more of Uplink Control Information (UCI), hybrid ARQ status, Channel state information reports (CSI), scheduling requests, or buffer status (page 4, par(0045), line 1-10, user equipment communicate using the same frequency band for receiving downlink communication and transmitting uplink communication, include the TD-LTE and TD-SCDMA, both these scheduling the communication). Regarding Claim 19, Weng discloses decoding the eavesdropped data to detect data therein to identify user equipment (UE) of a plurality of UEs associated with the base station (page 7, par (0052), line 1-10, UEs reporting RRIs to the neighboring eNB, the RRIs eavesdropped and decoded at the serving eNB(UEs are associated with the base station)); and tracking the plurality of UEs of the base station in the wireless network based on the detected data in the eavesdropped data(page 7, par(0052), line 1-10, the serving eNB use those decoded RRis as constraints within the next T_RRI subframes when the serving eNB 620a allocate DL and UL resources for the in-cell UEs that are not reporting RRis(wherein tracking the UEs and allocating the resources based on the detected data in the eavesdropped data)). Weng discloses all aspects of the claimed invention, except receiving eavesdropped data from monitoring a base station in a wireless network. AYADURAI is the same field of invention teaches receiving eavesdropped data from monitoring a base station in a wireless network (page 2, par(0016), line 1-10, receiving an instruction from the cellular radio access network to eavesdrop the first uplink from the first user equipment; receiving transmissions on the first uplink; obtaining digital data from the received first uplink transmissions; and reporting to the cellular network, which reporting includes transmitting the obtained digital data). Weng and AYADURAI analogous art because they are from the same field of endeavor of access to a service device. It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the receiving eavesdropped data from monitoring a base station in a wireless network the teaching of Weng to include receiving transmissions on the first uplink; obtaining digital data from the received first uplink transmissions the teaching of AYADURAI because it is providing performed by a radio access network, for estimating a radio link quality of a direct link between a first user equipment and a second user equipment. Regarding Claim 20, Weng discloses the eavesdropped data is decoded with a check that any detected data is valid to reduce false positives(page 9, par (0060-0061), line 1-10, UEs served by eNB based on decoding in comparison, UE send an UL RRI to eNB, UE send RRI, a UE configured to transmit a periodic Sounding Reference Signal (SRS) to allow the serving eNB to estimate the UL transmission channel, then the UE can zero-force its SRS transmissions on the PRBs or reduce the SRS transmission power on those PRBs). Examiner Notice The claim 1 has the limitation “data therein to identify”, please clarify the language features from the limitations of the claims. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure are: Karkkainen et al. (US 20170353745, Dec. 7, 2017) teaches Secure Media Player. Any inquiry concerning this communication or earlier communications from the examiner should be directed to IQBAL ZAIDI whose telephone number is (571)270-3943. The examiner can normally be reached on M to Thu 8.a.m to 6.p.m.. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, NGO RICKY can be reached on 571-272-3139. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). /IQBAL ZAIDI/ Primary Examiner, Art Unit 2464
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Prosecution Timeline

Sep 18, 2024
Application Filed
Sep 10, 2026
Non-Final Rejection mailed — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
90%
Grant Probability
97%
With Interview (+6.8%)
2y 3m (~3m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1229 resolved cases by this examiner. Grant probability derived from career allowance rate.

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